STATE OF ORISSA Vs. PURNA CH. NANDA

JUDGEMENT

(1.) This Government Appeal has been filed by the State against the judgment of Assistant Sessions Judge, Nayagarh in Sessions Trial No. 37/144 of 1986 dated 13.1.1987 acquitting all the accused persons of the charge U/s. 395 and 412 I.P.C. The learned Additional Government Advocate has taken me through the evidence of the witnesses and more particularly, the evidence of P.Ws. 8, 9 and 10, who are said to be eye witnesses to the occurrence to contend that the learned Assistant Sessions Judge has acquitted the accused persons on misappreciation of evidence on record. Accused Purna Chandra Nanda alone was charged U/s. 412 I.P.C.

(2.) The prosecution case in nut shell is that on 1.12.1985 at about 6.30 PM, the informant and his children were reading in the bed room and wife of the informant was cooking in the kitchen and father of the informant was sleeping in the front room and his mother was sitting with them. It was alleged that at that point of time, some persons knocked at the front door and the other of the informant opened the door when 5-6 unknown persons entered inside the house and snatched away the gold DANKI MAL from the neck of his mother. The accused persons collected all the inmates of the house and put them inside one room and removed gold ornaments and other articles etc. The I.O., on receiving the information from one Pravakar Swain lodged F.I.R. and conducted the investigation. He examined the witnesses, visited the spot, sent the injured for medical examination and seized broken articles. The I.O. thereafter arrested the accused persons, who gave recovery of the stolen properties U/s. 27 of the Evidence Act and they were put to T.I. Parade and identified by the witnesses.

(3.) The defence plea was one of denial.